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HomeMy WebLinkAboutChapter 219 Shellfish & Other Marine Resources Code OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Scott Russell, Supervisor Members of the Town Board /' From: Mark Terry, Principal Planner \ (, L WRP Coordinator' ~It :;...Irti; 2007 Date: Re: Request for Local Waterfront Revitalization Program Consistency Determination for amendments to Chapter 219 Shellfish and Other Marine Resources Code. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of South old Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the L WRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed changes are CONSISTENT with the LWRP provided that the following policy standards are achieved to the greatest extent practical: It is recommended to further the intent of the L WRP Policies 6 and 11 that known eelgrass (Zostera marina L) beds are designated as spawner sanctuaries pursuant to Chapter 275 Wetiands and Shoreline. It is fnrther recommended that the raking of hard clams or any other action that results in the death or dislodgement of eelgrass plants from the substrate be strictly prohibited. Chapter 275 defines a "Spawner Sanctuary" as "An area of bottom designated by the Trustees for the purpose of protecting and enhancing shellfish populations for a specific period of time". The applicable policies and sub policies are outlined below: Policy Standards 6.1 Protect and restore ecological quality throughout the Town of Southold. A. A void adverse changes to the Long Island Sound and the Peconic Bay ecosystems that would result from impairment of ecological quality as indicated by: 1. Physical loss of ecological components Physical loss is often the most obyious natural resource impairment to identify. It usually results from discrete actions, such as filling or . 2. Degradation of ecological components Degradation occurs as an adverse change in ecological quality, either as a direct loss originating within the resource area or as an indirect loss originating from nearby activities. Degradation usually occurs over a more extended period of time than physical loss and may be indicated by increased siltation, changes in community composition, or evidence of pollution. 3. Functional loss of ecological components Functional loss can be indicated by a decrease in abundance of fish or wildlife, often resulting from a behavioral or physiological avoidance response. Behavioral avoidance can be due to disruptive uses that do not necessarily result in physical changes, but may be related to introduction of recreational activities or predators. Timing of activities can often be critical in determining whether a functional loss is likely to occur. Functional loss can also be manifested in physical terms, such as changes in hydrology. The raking of hard clams in known eelgrass beds breaks root structures causing the eelgrass plants to dislodge from the substrate and eventually die. The action results in the physical loss of ecological components. B. Protect and restore ecological quality by adhering to the following measures. 1 . Maintain values associated with natural ecological communities. Each natural ecological community has associated values which contribute to the ecological quality of the Town of Southold. These values should be assessed on a case-by-case basis. 2. Retain and add indigenous plants to maintain and restore values of natural ecological communities. a. Protect existing indigenous olants from loss or disturbance to the extent oractical. 3. A void fragmentation of ecological communities and maintain corridors to facilitate the free exchange of biological resources within and among communities. a. Each individual resource area should be maintained as a complete contiguous areas to protect the area's natural resource values. Specifically, actions that would fragment the ecological community into separate ecological islands should be avoided. b. Where fragmentation of ecological communities has already occurred, the adverse effects of fragmentation can be mitigated by maintaining or providing connecting corridors to allow exchange of biological resources. 4. Maintain ecological integrity of particular locales by maintaining structural and functional attributes, including normal variability, to provide for self-sustaining systems. 5. Avoid pennanent adverse change to ecological processes. It is widely known that the Peconic Estuary (PEP) provides important habitat, as well as spawning and nursery grounds, to a wide variety of marine organisms-most notably shellfish, such as bay scallops, hard clams, and fish, such as, Atlantic silverside, scup (also called porgy), summer flounder (also called fluke), winter flounder, weakfish and tautog. The PEP recognizes that some of the most important underwater habitats of the estuary are the meadows of eelgrass found along the eastern end of the Peconic Estuary. These eelgrass beds provide food, shelter, and nnrsery grounds to marine animals, stabilize the bay bottom and are an important component of the nutrient cycle iu the estuary. Eelgrass beds provide shelter and food for a variety of juvenile finfish and shellfish as well as many other invertebrates. Shelter is provided not only by the actual structure of the eelgrass blades but also by the fact that eelgrass beds dampen currents, resulting in a low velocity zone among the blades. Food for the resident species is provided by epiphytes and their associated grazers on grass blades as well as increased suspended material which falls to the bottom as a result of the slow currents within the beds. These rooted plants also stabilize the underlying substrate and prevent scouring and erosion. Critical areas for eelgrass are currently considered to be all those areas where this species currently exists. Together with the Peconic Estuary Program, the Town of Southold Local Waterfront Revitalization Program recognizes that eelgrass is an especially important habitat for the bay scallop (Argo pectin irradins), which historically has been an important commercial resource in the Peconic Estuary. Eelgrass may be removed from an area by natural and human disturbances of varying scale and frequency. Natural disturbances include disease, catastrophic storms, periodic storms, sediment transport, ice damage, and grazing pressures. Human disturbances include physical disturbances (dredging, groin construction, shellfishing, propeller damage), toxic pollution, and degradation of water transparency from nutrient enrichment, topsoil runoff, and activities that re-suspend sediments. The two principal human disturbances affecting eelgrass growth is declining water quality and physical distnrbance. In 1995 Cashin Associates identified that "human activities recently have also exhibited a strong influence on the patterns of eelgrass distribution and abundance" Nutrient loading to surface water, due primarily to storm water runoff and sewage effluent, can spur phytoplankton growth. Excessive growth or "blooms" of phytoplankton reduce the water column transparency and so decrease the amount of light penetration to a level that eelgrass beds are unable to survive. Elevated nutrient levels can also lead to macro algae domination and excessive epiphyte growth, both of which can impair the ability of eelgrass to survive. The nitrogen loading in the Peconic Bay is still problematic. In a recent published report titled "Total Maximnm Dailv Loads for Nitro!!en in the Peconic Estuarv Pro!!ram Studv Area. Includin!! Waterbodies Currentlv Impaired due to Low Dissolved Oxv!!en: the Lower Sawmill Creek: and Meetin!!house Creek. Terrv Creek and Tributaries (Julv 18. 2007)" high nitrogen level have been linked to algal blooms which result in low dissolved oxygen conditions and subsequent shelIfish and fish die offs in the estuary. The CornelI Cooperative Extension website, Seagrassli.com, identifies threats to eelgrass as wasting disease, brown tide, macro algal blooms, bioturbation, climatoligical change and anthropogenic activities (boating, hardened shorelines and shelIfishing). The site confirms that recreational clammers and commercial baymen have been observed digging clams in eelgrass meadows. However, in most cases, the damage done by casual clamming is minor and, given time, the meadow will repair itself. Conversely, chronic clamming in areas will eventualIy overwhelm the population's ability to regenerate the meadow and the population decline or disappear totalIy. 11.1 Ensure the long-term maintenance and health of living marine resources. A. Ensure that commercial and recreational uses of living marine resources in the Town of Southold are managed in a manner that: 1. places primarv importance on maintainin!! the lon!!-term health and abundance of marine fisheries. 2. results in sustained useable abundance and diversity of the marine resource, 3. does not interfere with population and habitat maintenance and restoration efforts, 4. uses best available scientific information in managing the resources 5. minimizes waste and reduces discard mortality of marine fishery resources, 6. restricts commercial and recreational activities. includin!! the use of certain !!ear tvpes. !!ear sizes and practices that have ne!!ative impacts on marine habitats. B. Protect and manage native stocks and restore sustainable populations of indigenous fish and wildlife species and other marine living resources. The protection of native stocks includes protecting the genetic integrity of recognizable native populations that can be placed at risk by inappropriate stocking. Native stocks also need to be protected from adverse impacts due to introduction of non-indigenous species. C. Foster the occurrence and abundance of the Town s marine resources through: 1. protection of soawnin!! !!rounds. habitats. and water Qualitv. 2. enhancement and restoration of fish and shellfish habitat. 3. the prevention of over-fishing. Article IV - Operational, Section 219-14; Culling shellfish and restoration of underwater lands: requires that "all lands under town waters disturbed by the taking of shellfish be restored to their condition prior to the taking of such shellfish by the person taking such shellfish". This requirement is difficult and impractical. The restoration of areas, including eelgrass beds is a long term endeavor based upon intensive management and monitoring. A voidance of such areas is the most practical, enforceable application that will protect the spawning areas and meet the above policies. The proposed amendments of Chapter 219 will maintain long term shellfish populations through numerical harvest controls that can be taken from Town waters. However, the amendments fail to protect important habitat areas of ecological significance. The establishment of "Spawner Sanctuaries" in areas where known eelgrass beds exist would further Policies 6 and 11 of the L WRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. CC: Town of Southold Board of Trustees Patricia Finnegan. Town Attorney Kieran Corcoran, Assistant Town Attorney John Sepenoski, Chair. L WRP Coordinating Council